Region: Australia

Full Federal Court confirms that URBAN ALE is descriptive and deceptively similar

Following on from the Australian Federal Court's decision in February this year, the Full Federal Court has agreed that the word ‘urban’, when used in relation to beer, is descriptive as it conveys the notion that the product "was brewed in a city location".

03 December 2020

Kraft Heinz left holding an empty peanut butter jar with no label (or lid)

The long-running battle between food giant Kraft Heinz and Australian company Bega Cheese over packaging for their peanut butters has come to an end, with Australia’s highest court throwing out Kraft’s bid to appeal an earlier ruling allowing Bega to continue using its distinctive trade dress.

30 November 2020

Rhymes but not a crime: BOTOX v PROTOX

In a blow to pharmaceutical company Allergan, the Federal Court of Australia has concluded that the use of PROTOX and BOTOX in composite phrases for skincare products did not infringe Allergan's prior BOTOX marks.

25 November 2020

WICKED v WICKED SISTER: Federal Court considers issues of deceptive similarity, ownership and removal

There was no sweet victory before the Federal Court of Australia for the owners of the WICKED SISTER mark, used mostly for dairy desserts, in their attempt to prevent use of the WICKED mark for dipping sauces and related products.

19 November 2020

Film titles - trademarks or not trademarks?

The recent decision of the Australian Trademarks Office in a case involving a film called Lion again discusses the issue of whether a film title may function as a trademark.

10 November 2020

Federal Court finds that MONSTER’s reputation is not enough

In a blow to well-known energy drinks company Monster Energy, the Federal Court of Australia has refused to invalidate Japanese software company Mixi’s application to extend the protection of its international registration for MONSTER STRIKE to Australia.

04 November 2020

“The myths can make companies disengage” – exclusive interview with IP Australia’s China representative

Charlotte Trinh has big ambitions to grow the role and push for more engagement between Australian brand owners and the Chinese IP system.

27 October 2020

Is it a Big Mac? Is it a Big Jack? No, it’s a Big MacJac!

Australia’s burger wars have heated up again, with McDonald’s threatening trademark infringement proceedings against restaurant chain Rashjays over its Big MacJac burger. This comes after McDonald’s took action against rival Hungry Jacks over its Big Jack burger.

27 October 2020

“An opportunity to break new ground” – why GI negotiations between Australia and EU could be positive, despite concerns

The FTA negotiations have Australia pressured to adapt an EU-centric geographical indication regime. Local experts tell WTR of the concerns felt by rights holders.

12 October 2020

Amazon expands Transparency in Asia-Pacific, provides update on counterfeit interceptions

Amazon has announced the expansion of its Transparency product serialisation service to Australia and Japan.

01 October 2020

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